Lysaght Denied Benefits

By Andrew Gorosko

The state Department of Labor (DOL) has decided against paying unemployment benefits to former police chief James E. Lysaght, Jr, deciding he was terminated from his $65,280 annual post by the town for “willful misconduct.”

The DOL notified the town this week that the merit rating unit of its unemployment security division has decided “the claimant [Lysaght] has been found ineligible for benefits [because] his discharge from your employ on 03/03/2000 was for willful misconduct or other disqualifying conduct” as specified by state law.

Mr Lysaght has the right to appeal the decision.

Asked whether he would appeal the DOL’s denial of benefits, Mr Lysaght said Thursday, “I have to talk to my attorney about that… I will go with the recommendation of my attorney.” Mr Lysaght is represented by attorney John Kelly of Orange. 

After Mr Lysaght filed for unemployment compensation in March, the town appealed his filing, claiming he was ineligible collect benefits. At a DOL benefits claim hearing, the town challenged Mr Lysaght’s contention that he was fired for “political reasons,” countering that he was terminated by the Police Commission March 3 for “willful misconduct,” as defined by DOL.

Police Commission members maintain Mr Lysaght did not demonstrate the leadership, planning, and management skills necessary for the effective and efficient operation of a police department, and thus fired him.

The firing came after an arbitrator found the Police Commission had “just cause” to terminate Mr Lysaght, based on testimony and evidence presented at his December termination hearing. Mr Lysaght was on paid administrative leave as police chief from last July until his termination March 3.

In a lawsuit through which he seeks to regain the post of police chief, Mr Lysaght alleges the Police Commission acted arbitrarily, capriciously, in the abuse of its discretion, and with bad faith and malice, and without just cause in firing him. That lawsuit is pending in Danbury Superior Court. The Police Commission has named Captain Michael Kehoe to the post of acting police chief until a permanent replacement is named for Mr Lysaght.

“I was certainly pleased that the Department of Labor hearing officer believed our position is correct,” First Selectman Herbert Rosenthal said Thursday. “We always oppose it [unemployment claim] when we believe people aren’t entitled to it,” he said. The town believes Mr Lysaght’s dismissal met the DOL’s definition of willful misconduct, the first selectman said.

“We’re not picking on [Mr Lysaght]. It’s an obligation of the town to defend unemployment claims if we don’t think they’re valid claims,” Mr Rosenthal said.

In 1998, the Police Commission fired police officer Thomas Candia, Jr. Mr Candia filed an unemployment claim, which the town challenged. Mr Candia eventually collected unemployment benefits.